Civil Service (Special Advisers) Bill Notice of Amendments tabled on 13 March 2013 for Consideration Stage

Clause 1 , Page 1, Line 7

After ‘position on’ insert ‘or before’

Mr Jim Allister

Clause 2 , Page 1, Line 9

Leave out subsection (1) and insert -

‘(1) Subject to subsection (2) and section (Determination of eligibility of special advisers by Commissioners), a person is not eligible for appointment as a special adviser if the person has a serious criminal conviction.

(2) Where a Minister proposes to appoint as a special adviser a person who has a serious criminal conviction, that person may refer the proposed appointment to the Commissioners.’

Mr Jim Allister

Clause 2 , Page 1, Line 14

Leave out ‘section’ and insert ‘subsection’

Mr Jim Allister

Clause 2 , Page 1, Line 17

At end insert -

‘( ) but a person to whom subsection (4) will apply may refer the appointment to the Commissioners, within 21 days of this subsection coming into operation.’

Mr Jim Allister

Clause 2 , Page 1, Line 18

Leave out ‘Ministers’ and insert ‘A Minister’

Mr Jim Allister

Clause 2 , Page 1, Line 19

Leave out ‘them’ and insert ‘the Minister’

Mr Jim Allister

New Clause

After clause 2 insert -

‘Determination of eligibility of special advisers by Commissioners

2 A. - (1) Where -

(a) a proposed appointment is referred to the Commissioners under section 2(2), or

(b) an appointment is referred to the Commissioners under section 2(5),

the Commissioners shall determine whether the person is eligible for appointment as, or to continue to hold appointment as, a special adviser.

(2) The Commissioners shall only determine that a person is eligible for appointment as, or to continue to hold appointment as, a special adviser, if satisfied that there are exceptional circumstances justifying it -

(a) after having regard to the matters set out in subsection (3), and

(b) in the case of a proposed appointment, after taking account of the outcome of the vetting procedures mentioned in subsection (4).

(3) Those matters are -

(a) whether the person has shown contrition for the offence to which the serious criminal conviction relates,

(b) whether the person has taken all reasonable steps to assist in the investigation and prosecution of all other persons connected with the commission of the offence,

(c) the views of any victim of the offence, or where a victim has died, the views of any close family member of the victim.

(4) The Commissioners must arrange for the proposed appointee to be the subject of the same vetting procedures as apply to the appointment of persons as Senior Civil Servants to the Northern Ireland Civil Service.’

Mr Jim Allister

Clause 3 , Page 2, Line 1

After ‘sentence of’ insert ‘immediate’

Mr Jim Allister

Clause 3 , Page 2, Line 5

After ‘State’ insert ‘or the Minister of Justice’

Mr Jim Allister

Clause 3 , Page 2, Line 9

After ‘Governor’ insert ‘or the Secretary of State’

Mr Jim Allister

Clause 3 , Page 2, Line 15

Leave out ‘Act’ and insert ‘section’

Mr Jim Allister

Clause 3 , Page 2, Line 15

At end insert -

‘(3) Where the person was convicted in a country or territory outside Northern Ireland, the references in subsection (1)(c), (d) and (e) to sentences are to be read as references to equivalent sentences in the country or territory in which the person was convicted.’

Mr Jim Allister

Clause 4 , Page 2, Line 18

After ‘employed’ insert ‘at any time’

Mr Jim Allister

Clause 5 , Page 2, Line 26

Leave out ‘3’ and insert ‘2’

Mr Jim Allister

Clause 5 , Page 2, Line 30

Leave out ‘function’ and insert ‘power’

Mr Jim Allister

Clause 5 , Page 2, Line 32

Leave out ‘function’ and insert ‘power’

Mr Jim Allister

Clause 5 , Page 2, Line 34

Leave out ‘function’ and insert ‘power’

Mr Jim Allister

Clause 5 , Page 2, Line 38

Leave out ‘employment’ and insert ‘appointment’

Mr Jim Allister

Clause 6 , Page 3, Line 3

Leave out ‘3’ and insert ‘2’

Mr Jim Allister

Clause 6 , Page 3, Line 4

Leave out subsection (2) and insert -

‘(2) Without prejudice to the generality of subsection (1), the code must provide that persons proposed for appointment as special advisers -

(a) must be subject to the same vetting procedures as persons to be appointed as Senior Civil Servants to the Northern Ireland Civil Service,

(b) must not be subject to further vetting procedures if they have been subject to vetting procedures in accordance with section (Determination of eligibility of special advisers by Commissioners).’

Mr Jim Allister

Clause 6 , Page 3, Line 9

At end insert -

‘(4) All persons exercising functions in respect of the appointment of special advisers must have regard to the code.’

2A. -(1) Where a Minister proposes to appoint as a special adviser a person who has incurred a serious criminal conviction for a conflict-related offence, the Minister must refer the matter to the First Minister and deputy First Minister.

(2) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.

(3) The review panel must arrange for the proposed appointee to be the subject of the vetting procedures referred to in section 6.

(4) Subject to the outcome of those procedures, the review panel must determine that the proposed appointee is eligible for appointment, unless satisfied that the nature of the proposed appointee’s role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.’

2B. -(1) This section applies if, on the date of its coming into operation -

(a) a person holds an appointment as a special adviser,

(b) the person has before that date incurred a serious criminal conviction, and

(c) the serious criminal conviction was for a conflict-related offence.

(2) The Minister who appointed that person may, within 21 days of the coming into operation of this section, and after consultation with the person, refer the matter to the First Minister and deputy First Minister.

(3) The First Minister and deputy First Minister, acting jointly, must within 14 days of the referral, establish a review panel in accordance with section (Exception for conflict-related offences: review panel) and refer the matter to it.

(4) The review panel must determine that the person’s appointment will not be, or is not, terminated by virtue of this Act, unless satisfied that the nature of the person’s role as a special adviser is manifestly incompatible with the circumstances of the conflict-related offence.’

Mr Mitchel McLaughlin Ms Megan Fearon

New Clause

After clause 2 insert -

‘Exception for conflict-related offences: review panel

2C. -(1) This section applies where the First Minister and deputy First Minister, acting jointly, are required to appoint a review panel for the purposes of section (Exception for conflict-related offences: procedure for proposed appointees) or (Exception for conflict-related offences: procedure for existing appointees).

(2) The First Minister and deputy First Minister, acting jointly, must -

(a) appoint independent persons with suitable qualifications, expertise or experience, to be members of the review panel,

(b) pay those persons such fees, allowances or expenses as appear appropriate,

(c) provide the review panel with staff, accommodation or other facilities as appear appropriate.

(3) A review panel may regulate its own procedure.

(4) A review panel only remains in existence for so long as is necessary for it to exercise its functions.’

Mr Mitchel McLaughlin Ms Megan Fearon

New Clause

After clause 2 insert -

‘Exception for conflict-related offences: appeals

2D. -(1) Where a review panel -

(a) determines under section (Exception for conflict-related offences: procedure for proposed appointees) that a person is not eligible for appointment as a special adviser, or

(b) determines under section ( Exception for conflict-related offences: procedure for existing appointees) that a person’s appointment as a special adviser will be, or is terminated by virtue of this Act,

that person may appeal to the High Court.

(2) The appeal can only be brought on the ground that the nature of the person’s role as a special adviser would not be, or is not manifestly incompatible with the circumstances of the conflict-related offence.

(3) The appeal must be brought within 21 days from the day on which the review panel made the determination.

(4) On hearing the appeal, the High Court may make such order as it thinks fit in respect of the person’s -

(a) eligibility for appointment as a special adviser, or

(b) termination of appointment as a special adviser.’

Mr Mitchel McLaughlin Ms Megan Fearon

New Clause

After clause 3 insert -

‘Meaning of “conflict-related offence”

3A. In this Act, ‘conflict-related offence’ means -

(a) an offence for which a person was released on licence under the Northern Ireland (Sentences) Act 1998, and that licence has not been revoked, or

(b) an offence for which a person would have been released on licence under the Northern Ireland (Sentences) Act 1998, had the person not already been released before that Act came into operation.’

Mr Mitchel McLaughlin Ms Megan Fearon

Clause 6

The Members listed below give notice of their intention to oppose the question that clause 6 stand part of the Bill.

Mr Mitchel McLaughlin Ms Megan Fearon

New Clause

After clause 6 insert -

‘Procedure for appointments

6A. -(1) The Department must, within 3 months from the date of coming into operation of this section, make regulations governing the appointment of special advisers.

(2) Without prejudice to the generality of subsection (1), those regulations must provide that -

(a) a person to be appointed as a special adviser must be subject to the same vetting procedures as persons appointed as civil servants to the Northern Ireland Civil Service, save that the vetting procedures must not take into account any serious criminal conviction the person has for a conflict-related offence,

(b) where enhanced vetting procedures apply to a particular class of civil servants, those enhanced vetting procedures do not apply to persons to be appointed as special advisers,

(c) where a person has been subject to vetting procedures in accordance with section (Exception for conflict-related offences: procedure for proposed appointees), the person will not be subject to any further vetting procedures for the purposes of appointment as a special adviser.

(3) Regulations under this section must not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.’